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Introduction
General
Advance Licences
Duty Free Replenishment Certificates (DFRC).
Duty Entitlement Passbook Scheme
Export Promotion Capital Goods (EPCG) Scheme
Special Economic Zone (SEZ)
Electronic Hardware Technology Parks
Removal of Export Restrictions
Important Notification

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

New Export-Import Policy 2002 - 07

Introduction
The Annual Export-Import (Exim) Policy 2002-07 is notified by the Central Government on 31st March 2002 has come into force from 1st April 2002.

The Salient features of Export-Import Policy 2002-07 are as under: -

  1. General
    • All existing export promotion schemes continue with few modifications.
    • Relocation of industrial plants from other countries into India permitted without any import license even if they are more than 10 years old with the stipulation that depreciated value of such plants is more than Rs.50 crores.
    • Special facilities extended to status holders i.e. Export Houses, Trading Houses, Star Trading Houses and Super Star Trading Houses.
    • Threshold limit for obtaining "Export House" status reduced to Rs.5 crores from Rs.15 crores for Small Scale Industry, tiny sector, cottage sector, units located in North East States / Sikkim/ J&K; units exporting handloom/ handicraft/ hand knitted carpets/ silk carpets; exporters exporting to countries in Latin America/ CIS/ Sub Sahara Africa and units having ISO 9000 (Series) status.
    • Status holders allowed to retain 100% foreign exchange earnings in EEFC account.
    • Special provisions made for boosting export of products of cottage as well as handicraft sectors, small-scale industry, leather, textiles, gems and jewellery, chemicals and pharmaceuticals.
    • Option given to exporters to convert from one export promotion scheme to another in case the exporter is denied the benefit under one scheme.
    • Free import of equipment and other goods used abroad for more than one year allowed to companies executing projects in other countries.
    • A new 8-digit commodity classification for imports introduced, which shall be adopted by Customs and DGCI&S shortly. This will reduce classification disputes.
  1. Advance Licences
    • Advance license scheme continues but the facility of Annual Advance License has been withdrawn.
    • Issue of DEEC books and logging by Customs has been dispensed with. Redemption will be done on the basis of Shipping Bills and Bank Realisation Certificates.
    • Interest on non-fulfillment of export obligation reduced from 24% to 15%.
    • Advance Licenses issued up to 31st March, 2002 shall continue to be governed by the provisions of Handbook Vol. I of the year 2001-02 which mean that earlier Advance Licenses would not get the benefit of reduction in interest rate for non-fulfillment of export obligation and abolition of DEEC books.
    • Value addition norms for export of plain jewelry has been reduced from 10% to 7% for issue of REP License.
    • Import of mandatory spares up to 10% of the CIF value of Advance License have been allowed.
    • New exporters seeking Advance License have to furnish 100% bank guarantee to customs to cover exemption of customs duties together with 15% interest as against earlier provision of bank guarantee for customs duty only.
    • To neutralise the high cost of fuel in India, rebate for fuel for 13 specified product groups varying from 3% to 7% of FOB value of exports have been allowed in Standard Input-Output Norms (SIONs).
  2. Duty Free Replenishment Certificates (DFRC).
    • Technical characteristics of imported inputs have been dispensed with for audit purpose.
    • The minimum value addition of 33% for eligibility of DFRC continues.
    • Verification of details of exports as given in the DFRC by the customs before allowing exports continues.
  3. Duty Entitlement Passbook Scheme
    • DEPB scheme continues.
    • DEPB rates of almost all items has been reduced considerable.
    • Value cap exemption granted on 429 items on 18th October, 2001 continues.
    • There will be no Present Market Value (PMV) verification by customs except on specific intelligence.
    • DEPB rate will be same for a product whether exported at CBU or in CKD/SKD condition.
    • In case of composite items, the DEPB entitlement will be limited to the lowest rate applicable for any constituent. This provision will cover all kinds of blended fabrics.
    • 3% Special DEPB rate announced for export of primary and processed foods exported in retail packaging of 1 kg or less.
    • DEPB has been allowed on export of transport vehicles to Nepal against free foreign exchange. However on other products exported to Nepal non-eligibility of DEPB continues.
    • Pesticides formulations will have 65% of the DEPB rate applicable on such pesticides.
    • In future DEPB rates will be reduced only after due notice to exporters.
  4. Export Promotion Capital Goods (EPCG) Scheme
    • A new provision has been made for EPCG Licenses of Rs.100 crores or more which will have 12 year export obligation period with 5 years moratorium period. Also there will be no export obligation for 5 years from the date of issue of license.
    • Any firm / company acquiring a unit which is under BIFR will be allowed 12 years for fulfillment of Export Obligation to be counted for the date of issue of license to the BIFR unit.
    • Common service providers to small scale industry in centres of economic and export excellence like Tirupur, Panipat, Ludhiana for hoisery, woolen blankets and woolen knitwear respectively will be eligible for EPCG scheme.
    • Under the EPCG scheme, cottage sector and handicrafts units will not be required maintain average level of exports while calculating the Export Obligation.
    • Supplies under Deemed Exports will be eligible for export obligation fulfillment and EPCG scheme along with deemed export benefits.
    • Interest on non-fulfillment of export obligation has been reduced from 24% to 15%.
  5. Special Economic Zone (SEZ)
    • To access working capital loan at internationally competitive rates, RBI will issue guidelines to permit SEZs for External Commercial Borrowings (ECBs) for a period of less than 3 years.
    • RBI will also permit Offshore Banking Units in SEZs.
    • In order to impart security to the returns of units in SEZ, hedging of commodity price risks will be permitted provided such transactions are undertaken by the units on stand - alone basis.
  6. Electronic Hardware Technology Parks
    • Units in Electronic Hardware Technology Park (EHTP) will have no other export obligation except positive Net Foreign Exchange as Percentage of Exports (NFEP) in 5 years.
    • Supplies by these units of ITA I items having zero customs duty in the domestic market will be eligible for counting of their export obligation.
  7. Removal of Export Restrictions
    • Export restriction like registration and packaging requirements have been removed on butter, wheat, wheat products, coarse grains groundnut oil and cashew when exported to Russia under the Rupee Payment Debt Scheme.
    • Export restrictions on cultivated varieties of seeds except jute and onion have been removed.

Important Notification

Valuation of Bulk Supplies of goods covered under MRP Based Assessment
Central Board of Excise & Customs has issued an important clarification vide circular No. 625/16/2002-CX dated 28th February (reproduced on page 24) clarifying that valuation under MRP based assessment with abatement under Section 4A of the Central Excise Act with abatement under Section 4A of the Central Excise Act is not applicable to bulk supplies, supplies to DGS&D and government departments, supplies to defence canteen stores depots and few other categories.

Valuation of such supplies will be governed by Section 4 of Central Excise Act i.e. based on transaction value.

Manufacturers may note this important change in valuation.

 

   

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